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2008 DIGILAW 2904 (MAD)

Gate Global Solutions Limited Rep. by its Manager (Administration) v. The State of Tamil Nadu rep. by its Secretary to Govt. , Housing and Urban Development Dept. , & Others

2008-08-11

P.JYOTHIMANI

body2008
Judgment :- The W.P.Nos.33042, 34471, 34472, 34473 and 34474 of 2005 are filed challenging the order of the third respondent dated 30.9.2005 informing the petitioner company that the extent of 0.58.5 hectares in Survey No.615/5, 0.41.5 hectares in Survey No.612/8, 0.03.0 hectares in Survey No.612/9, 0.45.5 hectares in Survey No.612/10 and 0.03.0 hectares in Survey No.612/12-A of Sholinganallur Village, Tambaram Taluk, Kancheepuram District respectively belonging to Tamil Nadu Housing Board was acquired on 24. 1997 and the award under the Land Acquisition Act, 1894 came to be passed on 24. 1997 on the ground that the possession has been handed over to the Tamil Nadu Housing Board on 18. 2004 and treating the petitioner as encroacher, directed him to hand over possession. .2. The writ petitioner has purchased the said properties under a sale deed executed by its vendors on 6. 2001 after obtaining necessary permission from this Court in O.P.No.267/2005 filed under the Guardian and Wards Act. The petitioner has also obtained necessary permission from the appropriate authority under the Income Tax Act. The vendors of the petitioner have got themselves impleaded in these writ petitions as Respondents 4 to 8 which miscellaneous petitions have been allowed as per the order of this Court dated 27. 2008. It is seen that the petitioner being the purchaser has made a representation on 10. 2005 to the first respondent to consider the claim for retransfer of the land in its favour as per section 48B of the Land Acquisition Act. A reference to the representation shows that even though the lands were acquired and award came to be passed, the possession of the petitioner as well as the predecessors-in-title have not been disturbed so far and according to the petitioner, the scheme for which the lands were acquired, namely, Sholinganallur Neighbourhood Scheme has not been implemented and the petitioner intends to set up a software park in the property since in the old Mahabalipuram road many such software parks have come into existence and due to the reason that the respondents have not intended to have the scheme for which the lands were acquired and therefore a representation was made under Section 48B of the Land Acquisition Act for retransfer of the property and the petitioner has also expressed its willingness to pay the award amount along with 9% interest to the Tamil Nadu Housing Board. 3. 3. As submitted by the learned senior counsel for the impleading respondents Mr.V.T.Gopalan that the vendors of the petitioner has also made similar representation on 15. 2008. He would also submit as the vendors have sold the property to the present petitioner and the possession is with the petitioner, a direction may be issued to the respondents 1 to 3 to consider the representation of both the petitioner and the respondents 4 to 8 as per Section 48 B of the Land Acquisition Act to which course of action the learned counsel appearing for the first respondent cannot have any objection. 4. As submitted by the learned senior counsel for the petitioners as well as learned senior counsel for respondents 4 to 8, the petitioners as well as the said respondents have right to be considered in respect of their claim under Section 48B of the Land Acquisition Act as per the representation under Section 48B of the Land Acquisition Act. It is also seen that while admitting the writ petition, this Court granted an order of interim injunction which was made absolute. 5. Considering the fact that the petitioner is in possession of the property, to meet the ends of justice, I am of the view that the first respondent must be directed to consider the claim of the petitioner as well as respondents 4 to 8 made as per section 48B of the Land Acquisition Act and pass appropriate orders and in the meantime, not to disturb the possession of the petitioner. .6. In view of the same, the Writ Petitions are disposed of with a direction to the first respondent to consider the representation of the petitioner dated 10. 2005 and the respondents 4 to 8 dated 15. 2008 together as per Section 48B of the Land Acquisition Act and pass appropriate orders on merits and in accordance with law expeditiously in any event within a period of eight weeks from the date of receipt of a copy of this order making it clear that till final orders are passed, the respondents shall not interfere with the possession of the petitioner. It is made clear that while considering the said representation under Section 48B of the Land Acquisition Act, the first respondent shall give appropriate opportunity to the petitioner including the respondents 4 to 8 for personal hearing. 7. The Writ Petitions are disposed of accordingly. It is made clear that while considering the said representation under Section 48B of the Land Acquisition Act, the first respondent shall give appropriate opportunity to the petitioner including the respondents 4 to 8 for personal hearing. 7. The Writ Petitions are disposed of accordingly. No costs. Consequently connected pending WPMPs are disposed of.